N.J. Admin. Code § 13:31A-2.8 - Supervision of locksmith employees
(a) The
business qualifier shall assume full responsibility for the inspection and
supervision of all locksmithing services performed by the business firm, and
shall ensure compliance with all applicable Federal, State and local laws and
codes.
(b) The business qualifier
shall:
1. Supervise the provision of
locksmithing services to ensure that such work is performed in compliance with
all applicable Federal, State and local laws and codes;
2. Personally inspect the work of employees
pursuant to (d) and (e) below;
3.
Ensure that employees are afforded the degree of personal on-site supervision
commensurate with their level of competence and the complexity of the work to
be performed pursuant to (d) and (e) below; and
4. Be present, on a regular and continuous
basis, at the principal office of the business firm, where the business license
holder maintains a New Jersey office, or at work sites of locksmithing services
performed in New Jersey, where the business license holder does not maintain a
New Jersey office pursuant to
13:31A-2.6(a).
(c) Every 10 employees who are
performing locksmithing services at either one job site or who are performing
such work at several jobs at different sites simultaneously shall be
supervised, pursuant to (d) below, by the business qualifier, a licensee or a
supervising employee who is permitted to perform locksmithing services while
unsupervised pursuant to
13:31A-2.7(b).
(d) The business qualifier, a licensee or a
supervising employee shall indirectly supervise an employee performing the
functions listed in (d)1 through 5 below, and shall ensure that the work has
been completed. For purposes of this section, "indirect supervision" means that
the business qualifier, the licensee or the supervising employee shall be
reachable either in person or by electronic means to provide consultation to
the employee. Indirect supervision shall be required for the following
functions:
1. Opening existing
locks;
2. Making keys for existing
locks;
3. Repairing or recombining
existing locks;
4. Installing
mechanical security hardware on doors that are not designated as emergency
exits; and
5. Performing the survey
of a premises, the design and preparation of specifications, and the
demonstration of electronic security systems.
(e) If an employee is performing any
locksmithing services, other than the work specified in (d) above, the business
qualifier, the licensee or the supervising employee shall directly supervise
the employee and shall ensure a final inspection of the work upon completion.
For purposes of this section, "direct supervision" means that the business
qualifier, the licensee or the supervising employee shall provide constant
on-site supervision of the employee.
(f) A business qualifier who violates any
provision of this section shall be deemed to have engaged in professional
misconduct within the meaning of
13:31A-1.14 and
45:1-21(e) and
shall be subject to the provisions of
45:1-21.
Notes
See: 41 N.J.R. 1940(a), 41 N.J.R. 3810(a).
In (c), deleted a comma following "licensee" and substituted "who is permitted to perform locksmithing services while unsupervised pursuant to" for "who has satisfied the requirements of".
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